ANALISA PUTUSAN NOMOR: 22/PID.SUS-TPK/2018/PN.PLK TENTANG TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH APARATUR SIPIL NEGARA (ASN) DITINJAU DARI ASAS KEADILAN

The focus of this research is related to the legal considerations of Decision Number: 22 / Pid.Sus-TPK / 2018 / PN.Plk regarding criminal acts of corruption committed by the State Civil Apparatus (ASN) and criminal cases of corruption in the Decision carried out by the State Civil Apparatus ( ASN) in terms of the principle of justice. The research method in this research is normative juridical. With a statutory approach and conceptual approach. The collection technique used is "library research". Data analysis in this study used a qualitative descriptive analysis. The results show that the legal considerations of Decision Number: 22 / Pid.Sus-TPK / 2018 / PN.Plk regarding corruption committed by the State Civil Apparatus (ASN) before making a decision on Case Decision Number 22 / Pid.Sus-Tpk / 2018 / PN.Plk in essence, the Panel of Judges has considered and is sure that the Defendants have fulfilled the elements of a criminal act as charged and demanded by the Public Prosecutor. Furthermore, regarding the imposition of a sentence in the decision which is relatively light and does not correspond to the weight of the act committed by the defendant and is not in accordance with Article 12 A paragraph (2), the judge in deciding the case only counts the amount of money deducted from each part whose value is less than Rp. 5,000,000.00 (five million rupiah), apart from that relating to the perpetrator who was caught red-handed, including in the act of participating in a criminal act based on the provisions of Article 55 of the Criminal Code which constitutes a criminal offense in this contrary to aspects of justice. The author suggests that the public prosecutor and panel of judges in the basis of their considerations describe in more detail the role of the perpetrator as a person who commits, orders or participates in doing so that in the settlement of cases of criminal acts of corruption can be completed to its roots in order to achieve legal objectives, namely certainty, justice As well as the benefits for both the defendant and the public, in addition it is hoped that in the future it can impose heavier laws to provide a deterrent effect on the perpetrators and restore financial losses to the State or the State economy